Spirit (of Glenans)
Well-Known Member
Post deleted .
That is correct, but there is nothing in the OP's question that suggests that is the case. He specifically says it has been in Portugal for several years and asks about importing it into the UK and how it would be valued. Perhaps if the OP comes back with more detailed info there could be a more definitive answer.Surely if the father had owned the boat in the UK previously, he could bring it back before June next year without VAT liability. But if sold to son first, the son would not be able to do so
The Returned Goods Relief rules would apply. Read thisI designed and built my catamaran back in 1993 and have sailed here since then. I sailed her to Greece in 2013 and sailed her home for refitting and some modifications 2018. I am thinking of sailing her back to the med next year and I am not sure where I stand with VAT etc if I bring her home after a few years.
It is on a trailer so rather difficult to "hide" on a ferry where all traffic goes past customs.
To add my limited understanding to the confusion - I think it would be better to move the vessel to the UK, and then transfer the ownership.
My understanding is that if doing the alternative, unless the seller/buyer can take the vessel into international waters to sign the documents then VAT will be liable in Europe, and then likely again in the UK. The way around this is via TI (temporary import) for a non-EU citizen into EU before onward transport to the UK, but this requires the vessel to be taken out of the EU, sold, and then re-imported. The application of the law varies between EU member states as far as I am lead to believe too, so what happens in reality in different countries can vary. I have no practical or real experience with this, but I know it happens with larger yachts as a tax avoidance method. The TI would give 18 months for the vessel to be moved to the UK, but it cannot be skippered by an EU national during this time.
That is just confusing the issue. The boat is in Portugal and therefore considered EU VAT paid. If it is sold in the EU then no VAT is payable.
The question is what happens if it is imported into the UK? Ignoring the certification issue at the moment, but just considering VAT
If the current owner bought or kept the boat in the UK then it was considered UK (and EU at the time) VAT paid. If that owner then took the boat to Portugal it remained UK/EU VAT paid and could move around the EU and UK freely.
All that changed on 31/12/20 and the boat potentially lost its UK VAT status by virtue of not being in the UK. IF the boat is still owned by the same person he can bring it back to the UK without paying VAT under the current Returned Goods Relief concession until June 2022. If it changes hands in the EU that concession is lost.
If the father-in law can take advantage of that concession (a big unknown at the moment) he can then sell/give to son without paying VAT.
If, however the boat was bought in the EU it does not matter who imports it into the UK VAT is due.
The OP states that the boat's been in Portugal for several years. It's therefore either been there illegally, or it's (deemed) EU VAT paid (would be my guess!).
Isn't the UK VAT status time-limited, except under exceptional circumstances? Three years comes to mind.But the key thing is it's UK Vat status.
If we assume that a UK resident bought it in the UK then relocated it to the EU then it is both EU and UK VAT paid. Original owner can bring it back to the UK under RGR until next June and it's status is the same as any other boat that has never left the UK.
if was not bought / based in the UK then it can't have UK VAT paid status.
Slightly different to scenarios I can find online;
My son in law’s father has a trailer sailer in Portugal (USA built Hunter - been there several years). He wishes to give it to my son in law to bring into UK to use here. How does one go about establishing value for VAT payment? Would it be better if he imports and pays VAT then hands it over or vice versa?
If it's been in the EU for several years it surely should be EU VAT paid ? It should also have had any RCD issues dealt with when it was imported into the EU. So if the owner is in the UK he can bring his boat back here, if he does so before next June.
If any of that is incorrect and the son has to pay the VAT, 20% of it's value sounds like a cheap boat to me.
Before January - after January 1st, the CE sticker (RCD compliant) will need to be swapped to a CA sticker (RCR compliant) and the only way to do that at the moment seems to pay for the vessel approval: https://www.rya.org.uk/news/rya-and...tial-new-costs-of-trading-second-hand-vessels
No customs France to Ireland... No border Ireland/Northern Ireland. No checks on goods Northern Ireland to GB.It is on a trailer so rather difficult to "hide" on a ferry where all traffic goes past customs.